IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.55312 OF 2018 (GM-MM-S) BETWEEN:
MR. SIDDAPPA S/O GIREPPA WADDAR AGED ABOUT 50 YEARS R/OF WARKANAHALLI VILLAGE YADGIR DIST. & TALUK YADGIR – 585 201 (BY SHRI HARSHA D.JOSHI, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES VIDHANA SOUDHA BENGALURU – 560 001 2. THE DIRECTOR OF MINES & GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHER COMMITTEE, YADGIR DISTRICT YADGIR – 585 201 4. THE SENIOR GEOLOGIST MINES AND GEOLOGY AND MEMBER SECRETARY DISTRICT STONE CRUSHER COMMITTEE, YADGIR DISTRICT YADGIR – 585 201 (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 10.09.2018 AS IN ANNEXURE-G AND DIRECT THE 3RD AND 4TH RESPONDENTS TO ISSUE FORM-C AS CONTEMPLATED UNDER THE KARNATAKA REGULATION OF STONE CRUSHERS RULES 2012 IN FAVOUR OF THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The learned counsel appearing for the petitioner has produced a copy of the Writ Petition No.58571/2017 and the order dated 4th January 2018 passed thereon. The order shows that the notice dated 6th December 2017 issued by the Senior Geologist to the petitioner calling upon the petitioner not to undertake blasting till further orders has been withdrawn.
2. Now the prayer in this petition under Article 226 of the Constitution of India is for issuing a writ of mandamus directing the third and fourth respondents to issue Form-C as contemplated under the Karnataka Regulation of Stone Crushers Rules 2012 (for short ‘the said Rules of 2012’). The said Rules are framed in exercise of powers under Section 18 of the Karnataka Regulation of Stone Crushers Act, 2011 (for short ‘the said Act of 2011’). Under sub-section (1) of Section 3 of the said Act of 2011, no person is entitled to carry on the business of stone crushing except in accordance with the terms and conditions of the licence issued under the said Act of 2011. Rule 3 of the said Rules of 2012 requires an application to be made for grant of licence in Form-A along with the declaration in Form-A1. Obviously, Form-C cannot be issued unless the petitioner applies in terms of Rule 3 by submitting Form–A and Form-A1.
3. Therefore, a writ as prayed in prayer clause (a) cannot be issued as admittedly, the petitioner has not submitted Form-A.
4. Hence, we dispose of the petition by passing the following order:
(i) It will be open for the petitioner to make an application for grant of licence in terms of sub-rule (1) Rule 3 of the said Rules of 2012 by submitting Form-A and Form-A1;
(ii) If such an application is made by the petitioner along with the requisite documents, the same shall be considered and decided as expeditiously as possible and in any event within a period of six months from the date on which the application in terms of the said Rules is filed.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB